A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On March 22, 2006, the Defendant was issued a summary order of KRW 2 million at the Seoul Northern District Prosecutors' Office due to a violation of the Road Traffic Act (driving). On February 21, 2012, the Defendant was sentenced to a fine of KRW 3 million by the same court as a crime of violating the Road Traffic Act (driving). On September 24, 2015, the Seoul Eastern District Court was sentenced to a suspended sentence of KRW 2 years due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) at the Seoul Northern District Court on September 24, 2015, and was sentenced to a suspended sentence of KRW 10,00.

On July 18, 2016, the Defendant driven an Ebridged car under the influence of 0.222% of alcohol concentration without obtaining a driver’s license, on the front of the D cafeteria located in Young-gu, Young-gu, G.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a drinking driver and a statement in the circumstances of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (report on attachment of the same type of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being sentenced to a fine twice for the previous drunk driving, and it is inevitable to sentence a sentence in that the defendant committed a drunk driving that may cause danger to the public in the condition of drinking alcohol concentration of 0.22% during the period of suspension of execution, even though he/she was sentenced to a two-year suspended sentence on September 24, 2015 for a crime committed while driving on an expressway with large traffic accidents to the extent that the vehicles damaged by the expressway are returned to the former and completely dissolved, and having been sentenced to a two-year suspended sentence on September 24, 2015.

However, in the event that the sentence of imprisonment is finalized due to the instant crime, the term of imprisonment with prison labor for not more than ten months suspended shall also be served, and the Defendant and the Defendant accordingly shall be punished.